Hi,
I'm in an awkard situation now. My husband holds L1A visa and I had L2 and EAD which expired on 10/12/2021 & 5/7/2021 respedtively. My husband's company extended his L1A (just approved on 11/30/21; case filed before I-94 expired on 10/12/21). We have our I-485 AOS filed in late Mar 2021 with my I-765 for EAD renewal filed along with (under category (a)(9)). I have stopped working (leave without paid) since EAD expired for over 7 months now. As policies seem changed for L2 visa holder (and seems more favorable), I was wondering
1. If I could file I-539 to extend my L2 visa although it's been expired for 2+ months? Is it superflous or subject to denial with my I-485 on-file/pending?
2. If I shall / could file another I-765 concurrently with I-539 to renew my EAD with L2 extension (under category (a)(18))?
I know it's taking 6+ months for I-539 to be approved and then I-765 (if applicable) but with no hope to my I-765 with pending I-485 (per my check on the case processing time page, it seems the processing time for I-765 based on pending I-485 is 20-21.5 months?!! vs 9-14 months for L-based I-765), I'm not sure if going thru L2 would be a better shut (if I still can), plus I read a an article about better to keep the status before AOS to have some backup / buffer should I-485 get denied?
I'm not sure for how long my employer could wait for me for EAD, and I felt I made mistakes not have extended my EAD thru L2 early this year (cuz at that time we were working on I-485 AOS thinking it would be a better option) and extend my L2 in a timely matter (although there's been troubles with my husband's L1A extension so it got approved after I-94 expired).
Your valuable input is much appreciated. Thank you.
I'm in an awkard situation now. My husband holds L1A visa and I had L2 and EAD which expired on 10/12/2021 & 5/7/2021 respedtively. My husband's company extended his L1A (just approved on 11/30/21; case filed before I-94 expired on 10/12/21). We have our I-485 AOS filed in late Mar 2021 with my I-765 for EAD renewal filed along with (under category (a)(9)). I have stopped working (leave without paid) since EAD expired for over 7 months now. As policies seem changed for L2 visa holder (and seems more favorable), I was wondering
1. If I could file I-539 to extend my L2 visa although it's been expired for 2+ months? Is it superflous or subject to denial with my I-485 on-file/pending?
2. If I shall / could file another I-765 concurrently with I-539 to renew my EAD with L2 extension (under category (a)(18))?
I know it's taking 6+ months for I-539 to be approved and then I-765 (if applicable) but with no hope to my I-765 with pending I-485 (per my check on the case processing time page, it seems the processing time for I-765 based on pending I-485 is 20-21.5 months?!! vs 9-14 months for L-based I-765), I'm not sure if going thru L2 would be a better shut (if I still can), plus I read a an article about better to keep the status before AOS to have some backup / buffer should I-485 get denied?
I'm not sure for how long my employer could wait for me for EAD, and I felt I made mistakes not have extended my EAD thru L2 early this year (cuz at that time we were working on I-485 AOS thinking it would be a better option) and extend my L2 in a timely matter (although there's been troubles with my husband's L1A extension so it got approved after I-94 expired).
Your valuable input is much appreciated. Thank you.
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